Limitations In Efficiency Of Arbitration In India: A Doctrinal Analysis With Special Reference To Delay In Execution Of Arbitral Awards
- IJLLR Journal
- 4 days ago
- 1 min read
Adv. Thushara Menon, LL.M., Bharata Mata School of Legal Studies, Ernakulam, Kerala
Adv. Happymol C. A., LL.M., Bharata Mata School of Legal Studies, Ernakulam, Kerala
Adv. Simsar Ul Haq K. Y., LL.M., Bharata Mata School of Legal Studies, Ernakulam, Kerala
ABSTRACT
Arbitration in India has evolved as a preferred mechanism for resolving commercial disputes, particularly in the context of globalization and the increasing complexity of cross-border transactions. The Arbitration and Conciliation Act, 1996, modeled on the UNCITRAL Model Law, was intended to establish a modern, efficient, and party-centric arbitration regime. Despite multiple amendments aimed at enhancing efficiency and reducing judicial interference, arbitration in India continues to be plagued by systemic delays, especially at the stage of enforcement and execution of arbitral awards. This paper undertakes a comprehensive doctrinal analysis of the limitations affecting the efficiency of arbitration in India, with particular emphasis on delays in execution. It critically evaluates the legislative framework, judicial interpretation, and practical constraints that contribute to inefficiency, and argues that the enforcement stage represents the weakest link in India’s arbitration regime. The study concludes by proposing structural and procedural reforms necessary to ensure timely and effective enforcement of arbitral awards.
